Fact Sheets
Legal Provisions for the 2000 Gypsy Moth Eradication Program
The provincial government has issued a Pesticide Use Permit and passed a special legal provision called an Order in Council (OIC) to authorize the treatment of a gypsy moth infestation in the Burnaby Lake area in 2000.
The gypsy moth has become established in the Burnaby Lake area and threatens forest products and the native ecosystem.
Background
Gypsy moth infestations have occurred throughout British Columbia since 1978. To prevent
the impacts noted below, eradication programs have been carried out. These have
included ground based treatment methods and aerial spraying. Ground based
methods were used in Victoria in 1998 and found to be ineffective.
Both ground-based and aerial spray treatments use the biological insecticide BTK. Scientific evidence shows BTK is not harmful to humans.
Impacts
The establishment of the gypsy moth in BC, a non-native pest species, would have a detrimental impact on urban tree and native ecosystems, as well as potentially displace native butterflies and moths.
Gypsy moth infestations are also an economic threat to the forestry, nursery and Christmas tree industries if trade restrictions and quarantines on exports to the United States are applied. These industries could experience significant costs for inspection and certification for products leaving a quarantine zone. The certification requirements would apply to movement of commodities to uninfested areas in both Canada and the United States.
To avert detrimental impacts on native ecosystems and a full quarantine by the federal government, the Ministry of Forests announced that it was prepared to implement an aerial spray program near Burnaby Lake in the spring of 2000.
Legal Provisions
Two authorizations were required to allow aerial spraying to eradicate gypsy moths. The authorization to spray on public lands is contained in the Pesticide Use Permit. The authorization to spay on private lands is given in an OIC.
A Pesticide Use Permit is a document that gives legal authorization for, and specifies conditions under which, pesticides can be used on public lands. The permit is issued under the Integrated Pest Management Act and Regulation.
An OIC is a legal instrument used by the Provincial Cabinet to approve and implement decisions of government. In order for Cabinet to make an OIC, a law must exist which gives Cabinet the authority to do so. The 2000 gypsy moth OIC was passed under the authority of the Plant Protection Act. The OIC creates the "North American Gypsy Moth Program (Burnaby Lake) Regulation." This regulation gives legal authority for aerial spraying of pesticides on private land.
Key Provisions of the Permit and the North American Gypsy Moth Program Regulation
The permit and regulation contain many identical requirements. These include:
Method of Treatment
The permit and regulation require BTK use as provided in the commercial formulation Foray
48B. It must be applied at a rate not exceeding four litres per hectare, using a
maximum of four aerial treatments.
Conditions
The permit and regulation establish a number of treatment conditions:
- Treatment areas are specified.
- BTK applications are to occur between April 3 and June 30, 2000.
- Aerial applications are to occur only in the early morning in daylight before 7:30 a.m.
- BTK applications are to be carried out by persons licensed and certified under the Integrated Pest Management Act.
- Written notification is to be provided at least 24 hours in advance to:
- school principals and day care operators
- local newspapers, radio and television stations
- the regional medical health officer
- Greater Vancouver Regional District and City of Burnaby officials
June 2000
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